govinfo:USCOURTS-ilsd-3_13-cr-30116-1

IN THE UNITED ST ATES DISTRICT COURT 
 FOR THE SOUTHERN DISTRICT OF ILLINOIS  
    
UNITED STATES OF AMERICA,   
       
    P l a i n t i f f ,   
        
  vs.     CRIMINAL NO.  13-CR-30116-DRH 
       
NICHOLAS J. PERJAK,     
       
    D e f e n d a n t .   
 
PRELIMINARY ORDER OF FORFEITURE PURSUANT TO FED.R.CRIM.P 
32.2WITH RESPECT TO CERTAIN COMPUTER EQUIPMENT OF NICHOLAS 
J. PERJAK 
  
In the Superseding Indictment filed in the above cause on December 16, 
2015, the United States sought forfeiture of property of defendant, Nicholas J. 
Perjak, pursuant to 18 U.S.C. § 2253.  The court, upon consideration of guilty 
plea in this matter, hereby finds that the following property is forfeitable and 
hereby orders forfeited the following property: 
 A Dell laptop computer, Model Precision, bearing serial number 
D85XXR1. 
 
The United States shall, under the authority of 21 U.S.C. § 853(n)(1), 
“publish notice of the order and of its intent to dispose of the property in such 
matter as the Attorney General may direct,” provide notice of the forfeiture and 
the right of persons other than the defendant  who have any claim or legal interest 
in any of the property to file a petition with the Court.  The notice shall be 
provided in a manner consistent with Supplemental Rule G(4)(a) of the 
Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture 
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Actions.  
The notice shall state that the petition shall be set for a hearing to 
adjudicate the validity of the petitioner's alleged interest in the property, shall be 
signed by the petitioner under penalty of perjury, and shall set forth the nature 
and extent of the petitioner's right, title, or interest in the forfeited property and 
any additional facts supporting the petitioner's claim and the relief sought. 
 The United States shall, also to the extent practicable, provide direct 
written notice to any person known to have alleged an interest in the property that 
is the subject of the Order for Forfeiture, as the substitute for the published notice 
to those persons so notified. 
 Upon the filing of a petition alleging the third-party interests in the 
property, the court may amend this orde r to resolve the claimed third-party 
interests. 
 The United States Marshal or the property custodian for the Federal 
Bureau of Investigation shall seize and reduce to his possession, if he has not 
already done so, the above-described property.  
 This Order, pursuant to Rule 32.2(b)(3) of the Federal Rules of Criminal 
Procedure, shall become final with respect to Defendant Nicholas J. Perjak at the 
time of the Defendant’s sentencing, regardless of whether or not the rights of 
actual or potential third-party petitioners have been determined by that time.  
This Order shall be made part of the sentence of Defendant Nicholas J. Perjak 
and shall be included in the Judgment imposed against the Defendant.  This 
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Order is a final order with respect to the Defendant, and this Order may be 
amended with respect to petitions filed by third-parties claiming an interest in the 
subject-matter forfeited property. 
The United States may abandon forfeiture of the property by filing notice of 
the abandonment with the Court.  
IT IS SO ORDERED.  
 Signed this 31st day of May, 2016. 
United States District Judge
Digitally signed by 
Judge David R. 
Herndon 
Date: 2016.05.31 
10:57:05 -05'00'
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